2. A crime is a “public” wrong
committed against society (in
addition to the specific
victim)
A tort is a “private” wrong
committed against an
individual
Key Differences
Parties
Burden of Proof
Remedies
3. 1. Who is liable for harm caused
by the activity in question?
Liable- Legal responsibility for an
act
2. How much should the liable
person have to pay? (damages)
What are the goals of awarding
damages?
• Compensation
• Deterrence
• In some cases, punishment
4. • Whenever a person or property is injured, someone has to pay for
the costs associated with the injury
• Tort law the is concerned with determining who must pay and how
much they are liable.
• Remedy- Something to make up for harm done, ordered by the
court in a civil case
• Settlement- Mutual agreement between parties in a Civil law suit,
prior to final judgment, usually to avoid a trial, a settlement is
legally binding
• 90 % of all civil cases end with a settlement versus going to
court
5. Negligent tort - negligence
Example 1: Mary carelessly runs a
red light and hits Tim’s car,
damaging both the car and Tim.
Intentional tort - assault
Example 2: Ben gets mad at Bart
and punches him in the nose.
Strict liability tort - defective
(unreasonably dangerous) product
Example 3: Joe takes an over-the-
counter medication and has an
adverse reaction
6. In a Civil Case the injured party [plaintiff] brings a
law suit against the person that caused the harm
[defendant]
Standard of Proof- Amount of evidence needed to
win a case. Is much less in a Civil Case, simply
more than 50% of the evidence must show that the
defendant was liable.
A person can never go to jail for committing a Tort,
only a Crime can send a person to jail. Remember
some torts are also crimes, but must be tried in
separate cases.
7. Almost anyone can be sued including Individuals,
groups, organizations, businesses, and even units of
government can be sued.
Plaintiffs may sue multiple defendants looking for the
one with Deep Pockets
Sometimes a group of people will bring a lawsuit
against a person or company. Class Action [law
suit]- Lawsuit brought by one or more persons on
behalf of a larger group [class]
Children can be sued, but to recover damages from
a Minor a plaintiff must show the the child acted
unreasonably for their age and experience.
8. Parents generally cannot be sued by their children
A spouse generally cannot be sued by their
spouse
The State and Federal Government cannot be
sued unless they Waive- Give up their right to be
sued “The King can do no Wrong”
Federal Tort Claims Act makes the government
liable for negligent acts by employees
9. Workers compensation works to automatically
compensate employees who are injured on the job
Workers that are injured do not have to go to court to
gain benefits, even if they were at fault
In exchange for this agreement workers usually give
up the right to sue their employer for the injury
Most states limit the benefits for employees that fail to
follow safety guidelines or may deny benefits if the
employee was impaired by drugs or alcohol
10. Liability insurance - protects the
insured against liability for negligent
torts
CGL (comprehensive general
liability) is carried by most
businesses
• Usually includes coverage for defective
products
• Intentional torts are usually not covered
Malpractice insurance -
specialized insurance for
professionals (doctors, lawyers,
etc.) Coverage up to policy limits
12. Compensatory—damages that
compensate the plaintiff for harm
caused by the defendant
Examples
Lost wages, medical bills, “pain and
suffering,” loss of consortium
Nominal—a small or “token” amount
of damages awarded as a symbol of
wrongdoing
Punitive—damages to punish the
person committing the intentional tort
14. Assault—action that puts another
person in fear of an immediate
harmful or offensive contact
Actual contact is not required
15. Infliction of emotional distress—
words or actions intended to cause
extreme anxiety or emotional distress
Conduct must be outrageous
16. False Imprisonment —intentional,
wrongful confinement of a person
against his will
Example:
restraining a suspected shoplifter
Allowed, but must be reasonably
brief and use no greater restraint
than necessary to protect property
17. Defamation—oral (slander) or written
(libel) statements that are false, and
which harm a person’s reputation
Must be a statement of fact, not
opinion
“Public figures” must prove actual
malice (intent to harm, not just
intent to say something)
18. Real property—land/real estate
Personal property—things that
can be moved
Intellectual property—inventions
and creative works
19. Trespass—entry onto real property
without owner’s permission
Can a trespasser sue you for
damages if they hurt themselves
while trespassing?
Only for things like booby-traps
Higher duties are owed to guests and
business invitees
20. Nuisance—unreasonable interference
with ability to use and enjoy property
Examples
Repetitive loud noises at
unreasonable times of day
Odors
Plaintiff can recover damages
and/or receive injunctive relief
(stop doing it!)
21. Conversion—unlawfully exercising
control over another person’s personal
property
May use reasonable force to protect
property
Some states allow use of deadly
force (“Make My Day” laws)
22. Infringement—unauthorized use of a
patented or copyrighted work
Patents protect inventions for 20 years; after
that, the invention becomes public domain
Must be granted by US Patent and
Trademark office
Copyrights apply automatically when a
work is created Covers the work for the
lifetime of the holder, plus 70 years
23. 1. Consent—no intentional tort occurs
if a person consents to the conduct
(e.g., football players, boxers,
wrestlers)
2. Privilege—some persons have
lawful authority over others (police,
parents, etc.)
3. Self-defense—must use reasonable
force
4. Defense of property
25. Duty—defendant owes a duty of
care to the plaintiff (judge
decides)
Breach of duty —defendant’s
conduct breached or violated that
duty (jury decides)
Causation —the defendant’s
conduct legally caused the
plaintiff’s injuries/harm
Damages —plaintiff suffered
actual injuries or losses
26. Negligence cases are decided
based on whether a person’s
conduct conforms to that of “the
reasonable person of ordinary
prudence or carefulness”
Reasonableness—must evaluate:
• Likelihood of harm
• Seriousness of harm
• Burden/cost of avoiding harm
Criminal acts may constitute breach
of duty as a matter of law
(negligence per se)
27. Two concepts:
• Cause in fact —harm would not have
occurred without the wrongful act
• Proximate cause —the harm was
reasonably foreseeable as a
consequence of the wrongful act
28. Goal —restore the plaintiff to pre-injury
condition (to extent possible)
Money is the primary remedy
Examples of damages:
• Hospital and medical bills
• Lost wages (past)
• Lost future earnings
• Property damage
• Pain and suffering
• Emotional distress
• Mental/physical disabilities
• Loss of consortium
29. Contributory negligence
• The Plaintiff's negligence contributed to
the harm suffered
Comparative negligence
(responsibility)
• Plaintiff’s recovery reduced by own
percentage of responsibility
• Most states bar recovery if plaintiff
>50% responsible
Assumption of Risk
31. Strict liability= liability without fault
Elements:
Causation
Damages
Does not require proof of duty owed nor
breach of duty, as required in negligence
cases
32. Strict liability applies to:
Dangerous (“ultrahazardous”)
activities—an activity where risk
cannot be eliminated even by
reasonable care
(1) wild animals kept as pets; and
(2) domesticated animals whose
tendency to bite is known
Defective (“unreasonably
dangerous”) products
33. Defective Design —product was
made according to specs, but the
design is bad
Manufacturing Defect —design is
OK, but the product wasn’t
manufactured properly
Failure to Warn —
Instructions/Precautions/ Warnings
were not adequate to protect the
consumer
34. Intervening or super-ceding
cause —the defect did not cause
the injury
Misuse—some misuse is
foreseeable and therefore
manufacturers must guard against
or adequately warn
Hinweis der Redaktion
Not all injuries are totally the fault of the defendant, sometimes the plaintiff is partly responsible. In the case of accidents no one is at fault.
Employers contribute to a state fund or buy insurance to cover workers’ compensation.
Usually they are paid 2/3rds of their salary, and are compensated for the injury based on a scale set by the state or insurance company. The scale also gives a general timeline for recovery, most employers request verification of the injury from a doctor.
Workers’ Compensation is the Exclusive Remedy- only compensation for on the job injuries, in most states